Introduction

In this present work it is intended to address the topic of legal research that is essential

Research originates from ideas. To start an investigation you always need an idea; The substitute
for a good idea is still unknown. Ideas constitute the first approach to reality that will have to be
investigated.

DEVELOPMENT

LEGAL RESEARCH

Definition of legal research

It is the intellectual activity that aims to discover the appropriate legal solutions for the problems
posed by the social life of our time, increasingly dynamic and changing, which also implies the
need to deepen the analysis of said problems, in order to adapt the legal system to these social
transformations, even when formally it seems outdated.

This study will allow us to find solutions to the changing problems of the moment. or historical and
the legal system in which we have had to live, always taking into account the social reality in which
we find ourselves immersed, in accordance with the recent approach.

Sources of legal research

The sources of legal research are those elements that allow the researcher to obtain or find what
they are looking for: legal knowledge .

For the legal researcher the main sources are:

 Law : represents the formal legal source par excellence, and is usually taken as the sole
and exclusive source of legal research.

 Jurisprudence : it is an important source because it represents or shows the constant

criteria of the jurisdictional bodies (in our faculties it is usually thought that jurisprudence
is the isolated, and sometimes only, criterion that emanates from certain decisions).

 Doctrine : it is an inevitable source of consultation, because it includes the opinion of

qualified people who always, in one way or another, influence the current or future state
of the Law.

 Social reality : this is, perhaps, the most important source, despite being the most
complex, since its analysis implies a high degree of present abstraction, that is, it requires
that the researcher have a high capacity to separate and unite facts, since what is analyzed
is the present and the facts that can give rise to future legal systems or legal institutions .

Models of legal research

Each of these legal research models can have as its object any of the aspects or facets mentioned
above, that is, the norm (normative aspect of Law), the facts (factual aspect of Law) or the
assessment (axiological aspect of Law). .

LEGAL RESEARCH MODELS

 HISTORICAL-LEGAL : refers to the historical monitoring of a legal institution ( the family ,

the contract , patents, biosafety, the state ).

 LEGAL-COMPARATIVE : tries to establish the similarities and/or differences between legal

institutions or legal systems (similarities between German criminal law and Venezuelan
criminal law). This model looks for similarities and differences in legal norms or formal
institutions between two legal systems.

 LEGAL-DESCRIPTIVE : consists of applying the analytical method "purely" to a legal topic,

that is, it consists of breaking it down into as many parts as possible. This implies that the
topic must be, unless another purpose is pursued, very well defined (analysis of the
requirements for contracting marriage ). Using the analysis method it is possible to
decompose a legal problem into its various aspects, establishing relationships and levels
that offer an image of the functioning of a legal norm or institution.

 LEGAL-EXPLORATORY : it is about opening the way for further investigations (general

aspects of copyright ). It is about taking preliminary steps towards a legal problem,
highlighting its main facets, but without penetrating the explanatory roots of the matter.
These are theses that pave the way for deeper research.

 LEGAL-PROJECTIVE : it consists of making a kind of prediction about the future of some

legal aspect (maintaining that Criminal Law in the near future will become the
responsibility of supranational entities). This type of thesis creates, in a certain way, a kind
of futurology of the functioning of a legal institution, starting from premises that are
currently in force.

 LEGAL-PROPOSITIVE : it is characterized because it evaluates failures of systems or

standards, in order to propose or provide possible solutions.

4.-HERMENENEUTICAL MODEL DOGMATIC LEGAL MODEL

5.-MATERIALIST REALISTIC MODEL (OBSERVATION, ANALYSIS, AND PROPOSAL

Research design and its classes

The Tamayo y Tamayo Scientific Research Dictionary says that "It is the structure to follow in an
investigation, exercising control over it in order to find reliable results and their relationship with
the questions arising from the hypothesis ", once it was specified the problem statement, the
initial scope of the research was defined and the hypotheses were formulated (or were not
established due to the nature of the study), the researcher must visualize the practical and
concrete way of answering the research questions, in addition to cover the set objectives . This
involves selecting or developing one or more research designs and applying them to the particular
context of your study. The term design refers to the plan or strategy designed to obtain the
desired information .

The investigation has a very rigorous process , this process contains the following steps:

 Choice of theme

 Goals

 Delimitation of the topic

 Problem Statement

 Theoretical framework

 Methodology

 Report

Choice of Topic: at the level of investigative processes , the topic should not be assumed to be
known and start with the problem; the important thing is to choose the topic since the problem
derives from it. When the topic is selected it moves a framework of generalities, when the
problem is selected it is reduced.

A problem arises from reality, which is made up of a series of factors.

The reality of research is problematic; of said problem, a factor must be chosen, which is
determined as a research topic and within which a researchable problem must be selected. If one
begins by selecting the problem, one loses sight of the contextual location of the topic.

Choosing the topic is the first step in conducting research. This choice consists of clearly and
precisely determining the content of the work to be presented. The choice of the topic necessarily
corresponds to the student researcher, who will not present in writing to the person indicated by
the university , or teaching center, for acceptance.

Objectives: when the research topic has been selected, the research objectives must be
formulated; which must be harmonized with those of the researcher and those of the research.

The objective of the research is the clear and precise statement of the goals to be pursued. The
researcher's objective is to reach decisions and a theory that allows him to generalize and solve
similar problems in the future in the same way. The methods chosen must be the most
appropriate for achieving the objectives.

All research work is evaluated by the achievement of the objectives through a systematic process,
which must have been previously indicated and selected at the beginning of the research.
Systematization makes it possible to plan valid strategies to achieve objectives. For this reason, the
objectives have to be reviewed at each stage of the process; Failure to do so can cause failures in
the research with the same intensity as failures in the objectives.

The evaluation of the research is carried out based on the proposed objectives and can be
summative, that is, progressive, this leads to classifying the different levels of results that are to be
achieved in the research. If the research is scientifically planned, it must be valid in each of its
stages due to objectives and the achievement of this in each stage is what allows us to move on to
the next.

At the end of the research, the objectives must be identifiable with the results; That is, all the
research must respond to the proposed objectives.

The general objectives give rise to specific objectives that indicate what is intended to be done in
each of the stages of the research. These objectives must be evaluated at each step to know the
different levels of results. The sum of the specific objectives is equal to the general objective and
therefore the expected results of the research. It is worth noting that it is the specific objectives
that are investigated and not the general objective, since this is achieved from the results.

Delimitation of the topic: "delimiting the topic is seeing the viability for its development ."
Together with this delimitation, its justification is necessary; That is, indicate the characteristics
that lead the researcher to choose the topic to develop it, which must be external or objective,
and internal or subjective.

One of the most common failures in research consists of the lack of delimitation of the topic; 80%
of research fails due to lack of delimitation of the topic, that is, due to the ambition of the topic.
Delimiting the topic means setting a limit to the research and specifying the scope of those limits .

In delimiting the topic, it is enough to identify a branch of science , since such branches cover a
wide range of problems. It is preferable to point out, according to one's own inclinations and
preferences, a topic that is reduced in length. It is not important that the topic constitutes a grain
of sand within science. Furthermore, however small and unlimited a topic may seem, if it is
properly explored, a whole series of ramifications soon emerge that give it importance and value.

By delimiting, it is clarified whether the research topic will be exploratory, descriptive or

experimental. Clarification about the study thymus allows for an overview of the validity and the
degree of confidence that can be obtained as a result. This involves determining the scope and
limits of the topic.

The Problem: the problem is the starting point of the investigation. It arises when the researcher
finds a theoretical gap, within a set of known data , or a fact not covered by a theory, a stumble or
an event that does not fit within the expectations in his or her field of study.
Every problem appears as a result of a difficulty, which originates from a need in which unresolved
difficulties appear. Very diverse situations arise daily; a specific situation may present itself as a
difficulty which requires a longer or shorter solution.

The title of the problem is the rational presentation of what is going to be investigated, it precedes
the research plan and must present a clear and precise idea of the problem, that is, in a quick and
synthetic way it presents the problem to be treated and it must be carried out. with the following
criterion "the greater the extension, the less understanding and vice versa". For this reason, if the
title is very long, it is advisable to reduce it to a few words and clarify it with a subtitle.

We said that every problem appears as a result of a difficulty; This originates from a need in which
unresolved difficulties appear. Hence, the need to make an adequate statement of the problem in
order not to confuse secondary effects of the problem to be investigated with the reality of the
problem being investigated.

Theoretical Framework: the theoretical framework expands the description of the problem.
Integrates theory with research and their mutual relationships. It is the theory of the problem,
therefore, it is convenient to relate the theoretical framework to the problem and not to the
problem from which it arises. There cannot be a theoretical framework that is unrelated to the
problem.

Every science is stipulated by two basic elements: theory and work method. All research requires
present knowledge of the theory that explains the area of phenomena under study.

Every fact prior to the formulation of the problem that serves to clarify, judge and interpret the
problem posed, constitutes the background of the problem. Establishing the background of the
problem is in no way making a historical account of the problem, or presenting bibliographic
sources that will be used, or the data collected which we do not know where to locate, or the
description of the causes of the problem unless that the research is causal.

In the background, it tries to make a conceptual synthesis of the research or work carried out on
the formulated problem in order to determine the methodological approach of the same research.
The background may indicate existing conclusions regarding the problem posed.

The hypothesis is the necessary link between theory and research that leads us to the discovery of
new facts. Therefore, it suggests an explanation for certain facts and guides the investigation to
others. The hypothesis can be developed from different points of view, it can be based on a
conjecture, on the results of other studies, on the possibility of a similar relationship between two
or more variables represented in a study, or it can be based on a theory through which an
assumption of a deductive process leads us to the claim that if certain conditions are met, certain
results can be obtained, that is, the cause - effect relationship.

A hypothesis serves as a guide for obtaining data based on the question presented in the problem,
or also to indicate how it should be organized according to the type of study.
Every researcher must use concepts to be able to organize their data and perceive the
relationships between them. A concept is an abstraction obtained from reality and, therefore, its
purpose is to simplify by summarizing a series of observations that can be classified under the
same name. Some concepts are closely linked to objects of what they represent, so when they are
defined, the aim is to ensure that the people who undertake a specific investigation know
perfectly the meaning with which the term or concept is going to be used throughout the entire
context. investigation.

Methodology: for all research, it is of fundamental importance that the facts and relationships
established, the results obtained or new knowledge, have the maximum degree of accuracy and
reliability. To do this, it plans an ordered methodology or procedure that is followed to establish
the significance of the facts and phenomena towards which the meaning of the research is
directed.

Scientifically, the methodology is a general procedure to precisely achieve the objective of the
research. Hence, the research methodology presents us with the methods and techniques for
research.

It is necessary to take into account the type of research or study that is going to be carried out,
since each of these has a different strategy for its methodological treatment. Therefore, the type
of research must be indicated, whether it is a historical, descriptive or experimental investigation.
Whether it is a causal, exploratory or productive study.

A population is determined by its defining characteristics, therefore, the set of elements that has
this characteristic is called population or universe . Population is the entire phenomenon to be
studied where the population units have a common characteristic, which is studied and gives rise
to the research data.

Once the data has been collected by the instruments designed for this purpose, it is necessary to
process it, that is, prepare it mathematically, since quantification and its statistical treatment will
allow us to reach constructions in relation to the proposed hypothesis. Data processing ,
previously costly through manual methods, is today carried out by electronic computers which
have eliminated, so to speak, much of the mathematical and statistical work that was previously
carried out.

The Report : the structure of the research report is simple and faithfully follows the fundamental
steps of the research design; At no time should it be contrary to the design, since the report must
be the response to what was proposed in the research design.

For the presentation of the report, the rules of the formal methodology for presenting kinetic
works must be followed, which have been considered in various works by the writers of the formal
methodology.

Design of legal research and its stages

It is the intellectual activity aimed at establishing and solving the issues or problems that are
supposed to be considered by the jurist, it is also the acquisition of complementary knowledge,
distinguishing this tenor into 3 states:

1. The indication of the knowledge that is intended to be acquired ( problem statement )

2. Establishment of a chain of judgments that contains knowledge that does not yet exist in the
problem statement (problem elaboration)

3. As the final link in this chain is a judgment of the knowledge that led to the solution of the
problem)

MONOGRAPHIC REPORT OF THE RESEARCH. STRUCTURAL PARTS OF THE INFORM

The monograph is a means at the service of the student's academic training. If you learn to
prepare it and, at the same time, learn or expand and deepen certain knowledge, you learn to
investigate and investigate while learning.

Therefore, the monograph constitutes a good step in the training in research methodology that
every professional must master, even when they dedicate themselves to the exercise of their
specialty and not to research tasks.

The Dictionary of the Royal Spanish Academy considers the monograph as "a special description
and treatise of a certain part of a science, or of some particular subject." Monograph - according
to Gildomero Arista (1976) - is the study of a topic, which is intended to be covered in its main
aspects. It is the first attempt at systematic, orderly, rigorous research that the student can carry
out.

The parts of the monograph can be grouped into the following three categories: preliminary
pages, text itself, and complementary pages:

PRELIMINARY PAGES:

•Title sheet: It only contains the title of the work.

•Cover: It contains the name and surname of the author, title of the work, reason for existence,
name of the educational institution, and place and date.

•Table of contents or summary: Contains the main chapters, titles and subtitles of the monograph,
with indication of the corresponding pages, where its development begins.

TEXT OWN:

• Introduction : In it the subject is presented specifically: a brief presentation of the parts of the
topic is made; the background of the topic is reviewed (bibliographic review); The importance of
the topic developed is exalted and the objectives of the work are specified.
•Body: It constitutes the essence of the monograph and is normally divided into chapters and
these into titles and subtitles.

•Conclusions: Collects the main and most interesting ideas found in the chapters, as well as the
author's personal opinions.

•Bibliographical references: They are placed in numerical order and in a correlative manner, as
they appear cited in the text. Each cited source is assigned a number and maintained anywhere in
the monograph, which is cited again.

COMPLEMENTARY PAGES:

•Appendices: Also called "annexes" or "annexes", they are placed when it is essential to include
statistical material, reports , reports , questionnaires, glossaries, laws , plans or any other
complementary material.

•Indices: The main ones are of authors and subjects. They are placed in order to guide, specifically,
in the search for topics related to work .

Conclusion

Research is a process that, through the application of scientific methods, seeks to obtain relevant,
reliable and impartial information, to extend, verify, correct or apply knowledge.

Bibliography

Mario Tamayo Tamayo The process of scientific research , Limusa publishing house of Noriega
Editores, fourth edition .

SABINO, Carlos (1994). How to write a thesis (2nd. ed.). Caracas: Editorial Panapo